NABAIL/4130/2026 of MITHILESH KUMAR DAS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4130 of 2026 Court No. - 71 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Vishal Agarwal, learned counsel for the applicant and learned AGA for the State. 2. The present anticipatory bail application under Section 482 of BNSS has been filed by the applicant with a prayer to release him on anticipatory bail in Case No. 15901 of 2018 (State Vs. Sayyed Athar and others) arising out of Case Crime No. 579 of 2017, under Sections 420, 467, 468, 471, 120-B IPC, P.S.- Kotwali Mandi, District- Saharanpur, during pendency of the trial. 3. It is contended by learned counsel for the applicant that accused applicant has been falsely implicated in FIR dated 16.12.2017 lodged by Mahant of an Ashram. The FIR is lodged against 16 person including the applicant. It is alleged that the accused applicant has usurped the property of religious trust  and entered into tenancy agreement with the shops which were the property of the trust. After investigation, the charge sheet is submitted. The accused applicant has not been arrested during investigation. The accused applicant wants to appear before the trial court but apprehending arrest. Hence, seeks anticipatory bail.  4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 5. The scope of ambit of anticipatory bail is encapsulated in three insightful judgments of Hon’ble Supreme Court right from Gurubaksh Versus Counsel for Applicant(s) : Anshika Agarwal, Vishal Agarwal Counsel for Opposite Party(s) : G.A. Mithilesh Kumar Das .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565 , Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of Delhi) and another reported in (2020) 5 SCC 1 , wherein it is consistently held by Hon’ble Apex Court that while granting anticipatory bail, the Court should considering the application of the applicant to evaluate the threat or apprehension of arrest vis-a-vis the nature and gravity of accusation, criminal antecedent of the accused, false or exaggerated implication, need of custodial interrogation, willingness of the accused to cooperate in investigation and trial and the conduct of the accused and flight risk. 6. This Court considering that the matter is prima facie of civil nature wherein the during investigation the accused applicant has not been arrested and the gravity of accusation and apprehension of arrest in the case vis-a-vis low flight risk and assurance of the accused in cooperating with the investigation and trial, is of considered view to grant anticipatory bail. 7. The applicant- Mithilesh Kumar Das involved in the aforesaid case crime shall appear before the trial court or the Investigating Officer, as the case may be within 30 days from the date of this order and shall be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with following conditions :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. (iv) The applicant shall file an undertaking to the effect that he/she shall NABAIL No. 4130 of 2026 2 not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his/their counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 6, 2026 Sharad/- NABAIL No. 4130 of 2026 3 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad